Immigrant Visa Issued After a 221(g) Refusal

We are excited to share another success story for one of our clients.

A U.S. citizen petitioner initially handled the immigrant visa process for a parent without legal representation. After more than a year of repeated requests for additional evidence, the case was ultimately refused under INA § 221(g).

The primary issue was whether the petitioner had sufficient financial ability to sponsor the parent. Despite repeatedly submitting financial documentation, the consulate continued requesting documents that had already been provided or documents the petitioner could not reasonably obtain. The consulate eventually instructed the petitioner to obtain a joint sponsor, which was not a viable option for this family.

After carefully reviewing the case, we concluded that a joint sponsor was not required. We prepared a comprehensive response package, including a six-page legal memorandum and ten supporting exhibits, demonstrating that the petitioner independently satisfied the Affidavit of Support requirements.

Shortly after our response was submitted, the consulate approved the case and issued the parent's immigrant visa.

Every case is different, and a 221(g) refusal does not necessarily mean the case is over. The key is not always having more documents. Rather, it's knowing which evidence carries the most weight and how to present your case clearly and persuasively to the consular officer. In many cases, applicants already have the necessary evidence but need a sound legal strategy and a well-organized presentation.

If you have received a 221(g) refusal or your immigrant visa case has been delayed due to requests for additional evidence, contact our office to schedule a consultation.